Point of law: The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration by those in charge of management. The fixing of a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions.

ORDER :

R.Raghunandan Rao, J.

Heard Sri D.S.N.V.Prasad Babu, M/s. Nomos Vistas, M/s. Sama Sandeep Reddy, Sri Srinivasa Rao Velivela, learned counsel for the petitioners, the learned Additional Advocate General for the State, Sri C. Sudesh Anand for A.F.R.C, Sri D. Prakash Reddy, Sri B.Adinarayana Rao, learned Senior Counsel for various Medical Colleges and the Association of Medical Colleges, Sri N. Subba Rao, Sri Challa Gunaranjan and Sri V.V. Anil Kumar for Respondent-Medical Colleges.

2. The present writ petitions are challenging the consensual agreement dated 02.05.2017, G.O.Ms.No.70 Health, Medical & Family Welfare (C1) Department, Dated 03.05.2017, G.O.Ms.No.72 Health, Medical & Family Welfare (C1) Department, Dated 03.05.2017 and G.O.Ms.No.77 Health, Medical & Family Welfare (C1) Department, Dated 06.05.2017, inter alia, making rules for admission and stipulating the annual fee payable, in private unaided medical and dental colleges for Post Graduate Medical Courses and Post Graduate Dental Courses payable from the academic year 2017-2018. There is a further prayer that the private institutions be permitted to collect only the fees prescribed, under G.O.Ms.No.116 Health, Medical and Family Welfare (E2) Department, dated 14.05.2010, for the period commencing from the year 2017-2018. As the issues raised and the prayers are common, all these writ petitions are being disposed of by this common order. The Developments prior to the issue of the Impugned G.O.s are as follows:

3. The Government of Andhra Pradesh in pursuance of the directions in Islamic Academy of Education and another V. State of Karnataka, 2003 (6) SCC 697, constituted a Committee for overseeing fair and transparent conduct of Common Entrance Test by the Association of Colleges of Private Un-aided Professional Educational Institutions (Minority and Non-Minority) by way of G.O.Ms.No.91, Higher Education (EC) Department, dated 22.12.2003 and a committee to fix the fees by way of G.O.Ms.No.90, Higher Education (EC) Department, dated 22.12.2003. These Committees continued till G.O.Ms.No.6, Higher Education (EC.2) Department, dated 08.01.2007, was issued under the powers conferred by Section 15 read with Sections 3 and 7 of the Andhra Pradesh Educational Institutions (Regulation of Admission in Prohibition of Capitation Fee) Act, 1983 (hereinafter referred to as the 1983 Act). The Committee set up under this G.O., was called the Andhra Pradesh Admission and Fee Regulatory Committee (hereinafter referred to as AFRC). The said G.O., also brought in Regulations as to the Constitution of the AFRC, the process of fee fixation and other general issues.

4. The AFRC fixed the tuition fee for Post Graduate Courses in the Private Medical Un-Aided Non-Minority Professional Institutions for the Academic years 2007-2008 to 2009-2010 and the same were notified by the Government vide G.O.Ms.No.101, dated 02.04.2007. Similarly, fee was fixed for Post Graduate Dental Course and notified for the period 2007-2008 to 2009-2010 by G.O.Ms.No.144, dated 02.05.2007. For the period 2010-2011 to 2012-2013 the fees fixed by the AFRC, for Medical and Dental courses was notified by the Government by way of G.O.Ms.No.116 Health, Medical and Family Welfare (E2) Department, dated 14.05.2010 for Medical Courses and by G.O.Ms.No.118, dated 14.05.2010 for Dental Courses.

5. For the block period commencing from 2013-2014, the AFRC had, considering the request of the Andhra Pradesh Private Medical and Dental Colleges Managements Association, resolved to postpone the fixation of tuition fee till the next Academic Year 2014-2015 and that the existing tuition fee structure could be retained in the Academic Year 2013-2014. In accordance with this resolution, the Government issued G.O.Ms.No.92 Heath, Medical and Family Welfare (E1) Department, dated 01.07.2013, notifying the existing tuition fee structur